RosenhoF Terms and Conditions

§ 1 Scope of Application
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter “AGBH 2006”) replace the previous ÖHVB as amended on September 23, 1981.

1.2 The AGBH 2006 do not preclude special agreements. The AGBH 2006 apply on a supplementary basis to agreements made on a case-by-case basis.

§ 2 Definitions
2.1 Definitions:
“Accommodation Provider”: A natural or legal person who provides lodging to guests in exchange for payment. “Guest”: A natural person who makes use of lodging services. The guest is generally also the contracting party. Persons traveling with the contracting party (e.g., family members, friends, etc.) are also considered guests. “Contracting Party”: A natural or legal person, whether domestic or foreign, who enters into a lodging contract as a guest or on behalf of a guest.

“Consumer” and “business owner”: These terms are to be understood as defined in the Consumer Protection Act of 1979, as amended.

“Accommodation Agreement”: This refers to the agreement entered into between the accommodation provider and the contracting party, the terms of which are set forth in greater detail below.

§ 3 Conclusion of the Contract – Advance Payment
3.1 The lodging contract is concluded upon the accommodation provider’s acceptance of the contracting party’s reservation. Electronic communications are deemed to have been received if the party for whom they are intended can access them under normal circumstances, and if receipt occurs during the accommodation provider’s published business hours.

3.2 The accommodation provider is entitled to enter into the accommodation contract on the condition that the contracting party makes a deposit. In this case, the accommodation provider is obligated to inform the contracting party of the required deposit before accepting the contracting party’s written or oral reservation. If the contracting party agrees to the advance payment (in writing or verbally), the lodging contract is concluded upon the accommodation provider’s receipt of the contracting party’s declaration of consent regarding payment of the advance payment.

3.3 The contracting party is required to pay the deposit no later than 7 days (date of receipt) prior to the start of the stay. The contracting party is responsible for any transaction fees (e.g., wire transfer fees). For credit and debit cards, the respective terms and conditions of the card issuers apply.

3.4 The down payment is a partial payment toward the agreed-upon fee.

§ 4 Start and End of the Stay
4.1 Unless the accommodation provider offers a different check-in time, the contracting party has the right to check into the rented rooms starting at 4:00 p.m. on the agreed-upon day (“arrival day”).

4.2 If a room is occupied for the first time before 6:00 a.m., the preceding night counts as the first night's stay.

4.3 The contracting party must vacate the rented rooms by 10:30 a.m. on the day of departure. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated by the specified time.

§ 5 Termination of the Lodging Agreement – Cancellation Fee
Termination by the Lodging Provider

5.1 If the lodging agreement provides for a deposit and the contracting party has not paid the deposit by the due date, the lodging provider may terminate the lodging agreement without granting a grace period.

5.2 If the guest does not arrive by 6:00 p.m. on the agreed-upon arrival date, the accommodation provider is under no obligation to provide lodging, unless a later arrival time has been agreed upon.

5.3 If the contracting party has made a deposit (see 3.3), the accommodations will remain reserved until no later than 12:00 p.m. on the day following the agreed-upon arrival date. If payment is made in advance for more than four days, the obligation to provide lodging ends at 6:00 p.m. on the fourth day, with the arrival day counted as the first day, unless the guest specifies a later arrival date.

5.4 No later than 3 months before the contractual partner’s agreed arrival date, the accommodation contract may be terminated by the accommodation provider for objectively justified reasons by means of a unilateral declaration, unless otherwise agreed.
Cancellation by the contractual partner – Cancellation fee

5.5 The lodging agreement may be terminated by unilateral declaration of the contracting party no later than 3 months before the guest’s agreed-upon arrival date, without payment of a cancellation fee.

5.6 Outside the period specified in § 5.5, the contracting party may cancel the contract by unilateral declaration only upon payment of cancellation fees corresponding to the booked payment installments.

5.7 If the contracting party is unable to arrive at the lodging facility on the day of arrival because unforeseeable, extraordinary circumstances (e.g., extreme snowfall, flooding, etc.) make all means of travel impossible, the contracting party is not obligated to pay the agreed-upon fee for the days of arrival.

5.8 The obligation to pay for the booked stay is reinstated as soon as travel becomes possible again, provided that travel becomes possible again within three days.

5.9 Treatments (massages, beauty treatments, therapeutic treatments) may be canceled up to 24 hours before the agreed-upon appointment time by unilateral notice from the contracting party without incurring a cancellation fee. After this time, treatments must be paid for in full.

§ 6 Provision of Alternative Accommodations
6.1 Any additional expenses for the alternative accommodations shall be borne by the accommodation provider.

§ 7 Rights of the Contracting Party
7.1 By entering into an accommodation contract, the contracting party acquires the right to the customary use of the rented rooms and the facilities of the accommodation establishment that are customarily available to guests for use without special conditions, as well as to the customary level of service.

The contracting party must exercise its rights in accordance with any applicable hotel and/or guest policies (house rules).

§ 8 Obligations of the Contracting Party
8.1 The Contracting Party is obligated to pay the agreed-upon fee, plus any additional amounts incurred as a result of separate services utilized by the Contracting Party and/or the guests accompanying him or her, plus applicable sales tax, no later than the time of departure.

8.2 The accommodation provider is not obligated to accept foreign currencies. If the accommodation provider does accept foreign currencies, they will be accepted as payment at the current exchange rate to the extent possible. Should the accommodation provider accept foreign currencies or non-cash forms of payment, the contracting party shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.

8.3 The contracting party is liable to the accommodation provider for any damage caused by the contracting party, the guest, or any other persons who, with the contracting party’s knowledge or consent, receive services from the accommodation provider.

§ 9 Rights of the Accommodation Provider
9.1 If the contracting party refuses to pay the agreed fee or is in arrears with such payment, the accommodation provider is entitled to the statutory right of retention pursuant to § 970c ABGB, as well as the statutory lien pursuant to § 1101 ABGB, with respect to the items brought in by the contracting party or the guest.

The accommodation provider is also entitled to this right of retention or lien to secure its claims arising from the accommodation contract, in particular for meals, other expenses incurred on behalf of the contracting party, and any claims for damages of any kind.

9.2 If the service is requested in the contracting party’s room or at unusual times of day (after 8:00 p.m. and before 6:00 a.m.), the lodging provider is entitled to charge a special fee for this. However, this special fee must be listed on the room rate chart. The accommodation provider may also refuse to provide these services for operational reasons.
9.3 The accommodation provider has the right to issue an invoice or interim invoice for its services at any time.

§ 10 Obligations of the Accommodation Provider
10.1 The accommodation provider is obligated to provide the agreed-upon services to an extent consistent with its standard.

10.2 Examples of special services provided by the accommodation provider that are subject to a separate charge and are not included in the accommodation fee include:

a) Special accommodation services that may be billed separately, such as the use of lounges, saunas, indoor pools, swimming pools, tanning beds, parking, etc.;

b) A reduced rate applies for the provision of extra beds or cribs.

§ 11 Liability of the Accommodation Provider for Damage to Items Brought ontothe Premises
11.1 The accommodation provider is liable in accordance with §§ 970 et seq. ABGB for items brought onto the premises by the contracting party. The accommodation provider is liable only if the items have been handed over to the accommodation provider or to persons authorized by the accommodation provider, or have been brought to a location designated or specified by them for this purpose. Unless the accommodation provider can prove otherwise, the accommodation provider is liable for its own negligence or the negligence of its employees, as well as that of persons entering or leaving the premises. The accommodation provider is liable in accordance with § 970(1) of the Austrian Civil Code (ABGB) up to a maximum of the amount specified in the Federal Act of November 16, 1921, on the Liability of Innkeepers and Other Business Operators, as amended. If the contracting party or the guest does not immediately comply with the accommodation provider’s request to deposit their belongings in a designated storage area, the accommodation provider is released from any liability. The extent of any liability on the part of the accommodation provider is limited to the maximum amount of the accommodation provider’s liability insurance coverage. Any fault on the part of the contracting party or guest must be taken into account.

11.2 The accommodation provider is liable for valuables, money, and securities only up to the current amount of €550. The accommodation provider is liable for damages exceeding this amount only if he accepted these items for safekeeping with knowledge of their nature, or if the damage was caused by him or one of his employees. The limitation of liability pursuant to Sections 12.1 and 12.2 applies mutatis mutandis.

11.3 The accommodation provider may refuse to accept valuables, money, or securities for safekeeping if these items are significantly more valuable than those typically entrusted to the accommodation provider by guests of the establishment in question.

§ 12 Limitations on Liability

12.1 If the contracting party is a business, the accommodation provider’s liability for slight and gross negligence is excluded. In this case, the contracting party bears the burden of proof regarding the existence of fault. Consequential damages, non-pecuniary damages, or indirect damages, as well as lost profits, will not be compensated. In any case, the damages to be compensated are limited to the amount of the interest at stake.

§ 13 Pets
13.1 Pets may only be brought into the lodging facility with the prior consent of the accommodation provider (explicit designation of the respective room or vacation apartment) and upon specific booking of the pets as traveling companions. The fees specified during the booking process apply per day and per pet (excluding food).

13.2 A contracting party who brings an animal with them is obligated to properly care for and supervise that animal during their stay, or to have it cared for and supervised by a suitable third party at their own expense.

13.3 Any contracting party or guest who brings a pet must have appropriate pet liability insurance or personal liability insurance that also covers any damage caused by pets. Proof of such insurance must be provided upon request by the accommodation provider.

13.4 The contracting party or its insurer shall be jointly and severally liable to the accommodation provider for any damage caused by animals brought on the premises. Such damage includes, in particular, any compensation that the accommodation provider is required to pay to third parties.

13.5 Under no circumstances are pets allowed on the beds or sofas. In the event of noncompliance, we will charge a special cleaning fee of 80 euros.

13.6 Animals are not permitted in the lounges, social areas, dining rooms, or wellness areas.

§ 14 Extension of the Accommodation
14.1 The contracting party has no right to have their stay extended. If the contracting party gives timely notice of their desire to extend their stay, the accommodation provider may agree to extend the accommodation contract. The accommodation provider is under no obligation to do so.

14.2 If, on the day of departure, the contracting party is unable to leave the lodging facility because unforeseeable, extraordinary circumstances (e.g., extreme snowfall, flooding, etc.) have blocked or rendered all means of departure unusable, the lodging contract shall be automatically extended for the duration of the inability to depart. A reduction in the fee for this period is possible only if the contracting party is unable to make full use of the services offered by the lodging establishment as a result of the exceptional weather conditions. The lodging provider is entitled
to demand at least the fee corresponding to the price normally charged during the off-season.

§ 15 Termination of the Lodging Agreement – Early Termination
15.1 If the lodging agreement was entered into for a fixed term, it terminates upon the expiration of that term.

15.2 The contract with the lodging provider terminates upon the death of a guest.

15.3 If the lodging agreement was entered into for an indefinite period, the parties may terminate the agreement by 10:00 a.m. on the third day prior to the intended end of the agreement.

15.4 The accommodation provider is entitled to terminate the accommodation agreement with immediate effect for good cause, in particular if the contracting party or the guest

a) makes significantly improper use of the premises or, through reckless, offensive, or otherwise grossly inappropriate behavior, makes it unpleasant for other guests, the owner, the owner’s staff, or third parties residing in the lodging facility to coexist with him or her, or commits a criminal offense against the property, public morals, or physical safety of these persons;

b) contracts a contagious illness or an illness that extends beyond the duration of the stay, or otherwise becomes in need of care;
c) fails to pay the submitted invoices by the due date within a reasonable period (3 days).

15.5 If performance of the contract becomes impossible due to an event constituting force majeure (e.g., natural disasters, strikes, lockouts, official orders, etc.) renders performance of the contract impossible, the accommodation provider may terminate the accommodation contract at any time without notice, provided that the contract is not already deemed terminated by law or the accommodation provider is relieved of its obligation to provide accommodation. Any claims for damages, etc., by the contracting party are excluded.

§ 16 Illness or Death of the Guest
16.1 If a guest becomes ill during his or her stay at the lodging facility, the lodging provider shall arrange for medical care at the guest’s request. In the event of imminent danger, the lodging provider shall arrange for medical care even without a specific request from the guest, particularly if such care is necessary and the guest is unable to do so himself or herself.

16.2 As long as the guest is unable to make decisions or the guest’s next of kin cannot be contacted, the accommodation provider shall arrange for medical treatment at the guest’s expense. However, these care measures shall cease as soon as the guest is able to make decisions or the next of kin have been notified of the illness.

16.3 The accommodation provider is entitled to claim compensation from the contracting party and the guest—or, in the event of death, from their legal successors—in particular for the following costs:

a) outstanding medical expenses, costs for medical transportation, medications, and medical aids

b) room disinfection that has become necessary,

c) linens, bedding, and bedding accessories that are no longer usable; otherwise, for the disinfection or thorough cleaning of all these items,

d) Restoration of walls, furnishings, carpets, etc., to the extent that they were soiled or damaged in connection with the illness or death,

e) Room rental, to the extent that the guest used the premises, plus any days during which the rooms were unavailable due to disinfection, cleanup, or similar reasons,

f) any other damages incurred by the lodging provider.

§ 17 Place of Performance, Jurisdiction, and Governing Law
17.1 The place of performance is the location where the lodging facility is situated.

17.2 This Agreement is governed by Austrian procedural and substantive law, to the exclusion of the rules of private international law (in particular the Austrian Private International Law Act (IPRG) and the Convention on the Law Applicable to International Sales of Goods (EVÜ)) as well as the United Nations Convention on Contracts for the International Sale of Goods (CISG).

17.3 In bilateral business-to-business transactions, the exclusive venue is the accommodation provider’s place of business; however, the accommodation provider is also entitled to assert its rights before any other court with local or subject-matter jurisdiction.

17.4 If the lodging contract was concluded with a contracting party who is a consumer and has his or her domicile or habitual residence in Austria, legal actions against the consumer may be brought exclusively at the consumer’s domicile, habitual residence, or place of employment.

17.5 If the lodging contract was concluded with a contracting party who is a consumer and is domiciled in a Member State of the European Union (with the exception of Austria), Iceland, Norway, or Switzerland, the court having local and subject-matter jurisdiction over the consumer’s domicile shall have exclusive jurisdiction over any claims against the consumer.

§ 18 Miscellaneous
18.1 Unless otherwise specified in the provisions above, a period begins to run upon service of the document setting forth the period on the contracting party required to comply with it. When calculating a period specified in days, the day on which the date or event occurs that determines the start of the period is not included in the count. Time limits specified in weeks or months refer to the day of the week or the day of the month that, by its name or number, corresponds to the day from which the time limit is to be counted. If that day does not exist in the month, the last day of that month shall apply.

18.2 Notices must be received by the other party by midnight on the last day of the deadline.

18.3 The accommodation provider is entitled to set off its own claims against claims made by the contracting party. The contracting party is not entitled to set off its own claims against claims made by the accommodation provider, unless the accommodation provider is insolvent or the contracting party’s claim has been established by a court or acknowledged by the accommodation provider.

18.4 In the event of any gaps in these provisions, the applicable statutory provisions shall apply.

§ 19 Price Adjustments
19. The prices quoted are subject to statutory levies and taxes and are therefore subject to change. If statutory levies and taxes change, Hotel Rosenhof GmbH & Co.KG is entitled and obligated at any time to increase or decrease the prices.